Directive 2018/1972 - European Electronic Communications Code (Recast)

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1.

Current status

This directive has been published on December 17, 2018, entered into force on December 20, 2018 and should have been implemented in national regulation on December 21, 2020 at the latest.

2.

Key information

official title

Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast)Text with EEA relevance.
 
Legal instrument Directive
Number legal act Directive 2018/1972
Original proposal COM(2016)590 EN
CELEX number i 32018L1972

3.

Key dates

Document 11-12-2018; Date of signature
Publication in Official Journal 17-12-2018; OJ L 321 p. 36-214
Signature 11-12-2018
Effect 20-12-2018; Entry into force Date pub. +3 See Art 126
Deadline 21-12-2019; See Art 101.2 And 114.2
21-06-2020; See Art 84.3 And 93.2
21-12-2020; See Art 82 And 121.1
21-12-2021; See Art 101.2 And 122.3 ET|http://publications.europa.eu/resource/authority/fd_335/ET} 123.1
21-06-2022; See Art 110.1
21-12-2022; See Art 109.8
19-12-2023; See Art 117.2
21-12-2025; See Art 122.1 And 122.2
End of validity 31-12-9999
Transposition 21-12-2020; Adoption See Art 124.1
21-12-2020; Application See Art 124.1
31-12-2020; Application See Art 124.2

4.

Legislative text

17.12.2018   

EN

Official Journal of the European Union

L 321/36

 

DIRECTIVE (EU) 2018/1972 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 December 2018

establishing the European Electronic Communications Code

(Recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

 

(1)

Directives 2002/19/EC (4), 2002/20/EC (5), 2002/21/EC (6) and 2002/22/EC (7) of the European Parliament and of the Council have been substantially amended. Since further amendments are to be made, those Directives should be recast in the interests of clarity.

 

(2)

The functioning of the five Directives which are part of the existing regulatory framework for electronic communications networks and services, namely Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC, and Directive 2002/58/EC of the European Parliament and of the Council (8), is subject to periodic review by the Commission, with a view, in particular, to determining the need for modification in light of technological and market developments.

 

(3)

In its communication or 6 May 2015 setting out a Digital Single Market Strategy for Europe, the Commission stated that its review of the telecommunications framework would focus on measures that aim to provide incentives for investment in high-speed broadband networks, bring a more consistent internal market approach to radio spectrum policy and management, deliver conditions for a true internal market by tackling regulatory fragmentation, ensure effective protection of consumers, a level playing field for all market players and consistent application of the rules, as well as provide a more effective regulatory institutional framework.

 

(4)

This Directive is part of a ‘Regulatory Fitness’ (REFIT) exercise, the scope of which includes four Directives, namely 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC, and Regulation (EC) No 1211/2009 of the European Parliament and of the Council (9). Each of those Directives contains measures applicable to providers of electronic communications networks and of electronic communications services, consistently with the regulatory history of the sector under which undertakings were vertically integrated, namely, active in both the provision of networks and of services. The review offers an occasion to recast the four Directives in order to simplify the current structure with a view to reinforcing its consistency and accessibility in relation to the REFIT objective. It also offers the possibility to adapt the structure to the new market reality, where the provision of communications services is no longer necessarily bundled to the provision of a network. As provided in the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (10), recasting consists in the adoption of a new legal act which incorporates in a single text both the substantive amendments which it makes to an earlier act and the unchanged provisions of that act. The proposal for recasting deals with the substantive amendments which it makes to an earlier act, and on a secondary level, includes the codification of the unchanged provisions of the earlier act with those substantive amendments.

 

(5)

This Directive creates a legal framework to ensure freedom to provide electronic communications networks and services, subject only to...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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